The American Presidency

CONTENTS OF CURRICULUM UNIT 12.03.10

  1. Unit Guide
  1. Introduction:
  2. Rationale:
  3. Importance of a Government:
  4. Learning Objectives:
  5. Demographics:
  6. Chronological Culture:
  7. Kit Carson –Destroy and Conquer Campaign
  8. Treaty of 1968:
  9. Western Influence on the Dine:
  10. Navajo Tribal Code vs. Navajo Constitution
  11. Navajo Tribal Code vs. Constitution:
  12. Limits to Dine Government Power:
  13. Executive Branch of Dine Nation:
  14. Rules Before the Constitution:
  15. The Founders and the United States Constitution:
  16. A Call for a Convention:
  17. Success of the Convention:
  18. Commander in Chief:
  19. Collaborative Learning Activities:
  20. Essential Questions:
  21. Endnotes
  22. Works Cited

Naataanii'

Lucille Mitchell-Gagnon

Published September 2012

Tools for this Unit:

Navajo Tribal Code vs. Navajo Constitution

Is there a Navajo Constitution? The Navajo Nation Council rejected a constitution for its government three times resulting in a Navajo Tribal Code. The Dine people voted against the Indian Reorganization Act believing that the Act would only result in stock reduction. No attempt to adopt a constitution has been pushed since 1968.

"In 1935, Navajos declined to accept the Indian Reorganization Act of 1934 which would have allowed the Navajo Tribe the right to reorganize constitutional endeavors. In place of a tribal constitution, the Interior Secretary approved a limited set of self rules, an Indian Bill of Rights in 1938 for the Navajo Tribal Council written by the Commissioner of Indian Affairs, John Collier. The rules still provide the framework of the Navajo Tribal government. Since its beginning, many new laws have been made by the tribal council and its advisory committee.

In 1962, the Navajo Tribal Code was combined with all the old tribal resolutions and federal laws and arranged into two volumes. The volumes increased with approved Navajo Tribal Council's resolution. They included the Navajo Bill of Rights, tribal governmental structure and powers, qualifications for tribal membership, election laws, fiscal matters, business and commercial activities, land use and natural resource matters, law and other official matters." 9

The Navajo people do not have authority over the Navajo Tribal Code since they did not establish self government. The unwritten Navajo customs and traditions play an important part in Navajo government. Restricting this role should be considered when interpreting the Navajo Tribal Code. The clause in "Rules", regarding no statement of powers which the Tribal Council was authorized to exercise on behalf of the Navajo people needs to be emphasized because it means the Navajo Tribal Council's powers are not defined and aren't limited, however, it's not entirely free from constraints.

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